CTHIn ForceAct
Defence Force Discipline Act 1982
Sch 1Aoffence means:
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Schedule 1A offence means:
(a) an offence specified in Schedule 1A; or
(b) an offence that is an ancillary offence in relation to an offence referred to in paragraph (a).
senior discipline officer has the meaning given by subsection 9H(5).
service chief means the Chief of Navy, the Chief of Army or the Chief of Air Force.
service land means land (including a building or other structure) used or occupied by:
(a) the Defence Force;
(b) an allied force; or
(c) an institution of the Defence Force or of an allied force.
service offence means:
(a) an offence against this Act or the regulations;
(b) an offence that:
(i) is an ancillary offence in relation to an offence against this Act or the regulations; and
(ii) was committed by a person at a time when the person was a defence member or a defence civilian.
Note: A service offence is an offence against a law of the Commonwealth: see section 3A.
service police officer means an officer who is a member of a police corps or service, and includes a provost marshal and a deputy provost marshal.
service property means property used by, or in the possession or under the control of:
(a) the Defence Force;
(b) an allied force; or
(c) an institution of the Defence Force or of an allied force;
and service aircraft, service armoured vehicle, service missile, service ship, service vehicle and service weapon have corresponding meanings.
service tribunal means a court martial, a Defence Force magistrate or a summary authority.
ship means a vessel or boat of any description, and includes:
(a) any floating structure; and
(b) any air cushion vehicle.
soldier means a member of the Australian Army, not being an officer.
summary authority means:
(a) a superior summary authority; or
(b) a commanding officer.
Summary Authority Rules means the rules made under section 149.
superior authority means a superior authority appointed under section 5A.
superior officer, in relation to a member of the Defence Force, means another member of the Defence Force who holds a higher rank, or a higher relative rank, in the Defence Force than the member, and includes any other member of the Defence Force who, by virtue of his or her office or appointment, is entitled to exercise command over the member.
superior summary authority means a superior summary authority appointed under section 105.
Territory offence means:
(a) an offence against a law of the Commonwealth in force in the Jervis Bay Territory other than this Act or the regulations; or
(b) an offence punishable under any other law in force in the Jervis Bay Territory (including any unwritten law) creating offences or imposing criminal liability for offences.
Note 1: Paragraph (a) of this definition includes an offence (an ancillary Territory offence) against section 11.1 (attempt), section 11.4 (incitement) or section 11.5 (conspiracy) of the Criminal Code or section 6 (accessory after the fact) of the Crimes Act 1914 in relation to another Territory offence within the meaning of that paragraph.
Note 2: Paragraph (b) of this definition includes an offence (an ancillary Territory offence) against section 44 (attempt), section 47 (incitement) or section 48 (conspiracy) of the Criminal Code 2002 of the Australian Capital Territory or section 181 (accessory after the fact) of the Crimes Act 1900 of the Australian Capital Territory in relation to another Territory offence within the meaning of that paragraph.
Note 3: The laws of the Australian Capital Territory in force in the Jervis Bay Territory apply, and Chapter 2 of the Criminal Code does not apply, for the purpose of determining criminal liability for offences referred to in paragraph (b) of this definition.
the enemy means a body politic or an armed force engaged in operations of war against Australia or an allied force and includes any force (including mutineers and pirates) engaged in armed hostilities against the Defence Force or an allied force.
video link means facilities (for example, closed‑circuit television facilities) that enable audio and visual communication between persons in different places.
warrant officer means a sailor, soldier or airman who holds the rank of warrant officer.
(2) A reference in this Act to the Defence Force shall be read as including a reference to a part of that Force.
(3) A reference in this Act to an arm of the Defence Force shall be read as a reference to the Australian Navy, the Australian Army or the Australian Air Force, as the case may be.
(3A) Before the Governor‑General makes a regulation prescribing a provision of a law for the purposes of paragraph (e) of the definition of ancillary Territory offence in subsection (1), the Minister must be satisfied that the provision is equivalent to, or has the same effect as, a provision referred to in paragraph (c) or (d) of that definition.
(4) For the purposes of subparagraph (b)(ii) of the definition of defence member in subsection (1):
(a) a member of the Reserves is taken to be on duty from the time appointed for him or her to report to, or to attend at, a specified place for any naval, military or air force service that he or she is required to render by or under the Defence Act 1903 until he or she is released or discharged from that service; and
(b) a member of the Reserves is taken to be on duty while acting, or purporting to act, in his or her capacity as a member of the Reserves.
(5) A member of the Defence Force who is serving in a rank or grade to which the member has not been duly appointed or promoted shall, while so serving in that rank or grade, be deemed, for the purposes of this Act, to hold that rank or grade.
(6) A member of the Defence Force who holds a rank temporarily (however described) shall, while so holding that rank, be deemed, for the purposes of this Act, to hold that rank.
(7) For the purposes of this Act, a person’s membership of the Defence Force is not affected by reason only of the person’s attachment to, or allotment for duty with:
(a) the armed forces of another country;
(b) a force raised or organized by the United Nations or another international body; or
(c) a Peacekeeping Force within the meaning of Part IV of the Veterans’ Entitlements Act 1986.
(8) For the purposes of this Act, a comparison of the severity of a combination of punishments with that of a single punishment or of another combination of punishments shall be made as follows:
(a) any punishment on one side of the comparison that is the same as a punishment on the other side of the comparison shall be disregarded;
(b) if, after the operation of paragraph (a), 2 or more punishments remain for consideration on either side of the comparison, regard shall be had only to the more severe, or the most severe, of the punishments so remaining on that side.
(9) A reference in this Act to the amount of a convicted person’s pay for a specific number of days (including a person who has no pay entitlement in respect of the day on which he or she was convicted) shall be read as a reference to an amount that is the product of:
(a) the amount that is to be taken, for the purposes of this Act, to be the amount of daily rate of pay applicable in relation to a class of persons in which the person is included, being an amount ascertained in accordance with regulations that are in force for the purposes of this paragraph and are applicable in respect of the day on which the person was so convicted; and
(b) the number of days specified in the reference.
(10) Regulations made for the purposes of paragraph (9)(a) may provide for an amount of daily rate of pay to be ascertained by reference to a determination under section 58H of the Defence Act 1903 as in force at a particular time or as in force from time to time.
Note: In addition, section 14 of the Legislation Act 2003 allows regulations to prescribe matters by reference to disallowable legislative instruments as in force at a particular time or from time to time. That section would, for example, allow a regulation to prescribe matters by reference to a determination under section 58B of the Defence Act 1903 as in force at a particular time or from time to time.
(11) A reference to a commanding officer in a provision of this Act that confers a power on a commanding officer includes:
(a) a reference to an officer performing the duties and functions of a commanding officer by virtue of:
(i) a direction given by means of a Defence Instruction; or
(ii) an order, instruction or directive issued by, or under the authority of, the Chief of the Defence Force or a service chief; and
(b) a reference to an officer appointed under subsection 5(1) whose instrument of appointment under that section authorizes the officer to exercise that power;
but does not include a reference to an officer in respect of whom a determination relating to the exercise of that power is in force under subsection 5(3).
(12) A reference in this Act to a person who is on guard duty shall be read as including a reference to a person who:
(a) is posted or ordered to patrol; or
(b) is a member of a guard or other party mounted or ordered to patrol;
for the purpose of:
(c) protecting any person, any premises or place or any ship, vehicle, aircraft or other thing;
(d) preventing or controlling access to, or egress from, any premises or place or any ship, vehicle, aircraft or other thing; or
(e) regulating traffic by land or water.
(16) Where:
(a) a detainee is granted leave of absence from a detention centre; and
(b) the detainee refuses or fails to return to the detention centre before the end of the leave of absence;
the detainee shall be taken, for the purposes of this Act, to have escaped from custody and from the detention centre.
(17) A reference in a provision of this Act to the officer in charge of a detention centre is a reference to the officer who is responsible for the administration of the detention centre, and includes a reference to a member of the Defence Force, or to a member of the Defence Force included in a class of members of the Defence Force, authorized by a commanding officer, in writing, for the purposes of the provision in relation to the detention centre.
(18) The provisions of this Act in so far as they protect the individual are in addition to, and not in derogation of, any rights and freedoms of the individual, whether under the law of the Commonwealth or of a State or Territory, and this Act is not intended to exclude or limit the operation of any law of the Commonwealth or of a State or Territory providing for those rights and freedoms in so far as it is capable of operating concurrently with this Act.